2004 (9) TMI 515

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..... Smt. Shoba L. Chary, JCDR, for the Respondent. [Order per : T.K. Jayaraman, Member (T)]. - M/s. Kores (India) Ltd., Hyderabad (hereinafter referred to as the appellants) were 100% E.O.U. since 1991 up to its bonding. They paid duties of the Customs and CVD on imported/ indigenous capital goods on 12-5-1995/23-1-1995. They have filed a declaration on 18-1-1996 for availment of Modvat cre....

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....at the requirement under Rule 57T is mandatory and therefore the appellants are not entitled for taking Modvat credit on capital goods. 2. Shri V.J. Sankaram, ld. Advocate appeared on behalf of the Appellants and Smt. Shoba L. Chary, ld. JCDR appeared on behalf of the Revenue. 3. Ld. JCDR reiterated the views of the Department and contended that the violation of mandatory requireme....

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.... - 2003 (153) E.L.T. A94 (S.C.). 5. On a careful consideration of the matter, we find that the capital goods were already in the premises of the 100% E.O.U. The Customs duty was paid on the capital goods after de-bonding. Strictly speaking the time limit under rule 57T and the erstwhile Central Excise Rules, 1944, cover normal cases where the unit receives capital goods and intends to take....